Va Rewords My Claim And Denies

[Jayg]

My knees are failing under me. I have flat feet (10%) and my L ankle (20%) and have claimed both knees as secondary conditions.

But. In denial (no pun here, I'm too desperate for levity at the moment ) VA reworded the order of my claim.

VA's denial- word for word-

Item 2, Service connection for bilateral knee condition.

In your current claim, you contend service connection for a bilateral knee condition. You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee. Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied.

I have inexpertly filed claims as records or evidence became available where appeal or NOD should have been. Oh well, part of the learning curve.

But in 3 claims, none have applied the order they cite.

The above statement "You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee." is grossly in error. Review of my claim dated 6-15-05 requests "service connected disability as secondary conditions for left knee, right knee and lower back due to the stress and strain placed on them in taking up the slack for the left ankle."

Not formal language I grant you, but I submit the meaning is clear. That being that my claim is for both left and right knees as secondary to my service connected left ankle. That's not "directly related to military service" for one thing. Neither is it for 'right knee condition secondary to the left knee' as stated by VA here.

Further, I have reviewed claims submitted 8-5-04 and 5-24-05 respectively, and there is no statement in either that claims one or both knees as 'directly relating to military service' or one to the other.

All my claim/appeals stress both (bilateral) knees as secondary conditions to my service connected left ankle and I submit further exacerbated by my service connected flat feet.

Additionally, my 11/16/06 dated NOD to a previous denial states "claimed: bilateral knee condition as secondary condition to service connected left ankle and flat feet."

In any case, the dienial above starts with the words, In your current claim, the others are thereby rendered irrelevent. Therefore, VA's denial of my claim on these conditions should be completely invalid.

So is this what is referred to as CUE? If so, what does that mean?

If it ain't 'CUE' what is it.?

What do I do?

This ain't right!

Edited April 27, 2008 by Jayg

[LarryJ]

I kinda did it thisaway........probably not the best, but, I'm saddled with a VSO that couldn't find their butts with both hands with a spotlight shinin on it.

So, here's my "contribution".

I've never "attached" any kind of file to a post on here before, so I hope this works.

[luvHIM]

Jay, glad to see you didn't really leave. Okay, gotcha. I had to do my own 21-4138's and letters because I did not trust my NSO to accurately get my point across and or put what I meant.

In one of your posts you indicated: "What I did claim was, service connected disability as secondary conditions for left knee, right knee and lower back due to the stress and strain placed on them in taking up the slack for the left ankle." That's bilateral knees as secondary to the ankle. I clearly did not claim a military injury and I did not claim one knee from another."

I'm sorry but that is all a bit too jumbled and can be misinterpreted. When you do your form 9, I would state: (1) bilateral knee disorder secondary to sc left ankle disorder.

(2) Low back disorder secondary to sc left ankle disorder. Everybody working at the VA didn't pass "comprehension 101" in HS, which makes for a wide margin for misperception to occur. Keep it simple for them. It may not read eloquently. But it will be difficult to misinterpret because it will be so easy an elementary school student could understand it.

I would then summarize how it is secondary based on the wording of the doctor. In other words, the doctor stated your sc left ankle problem was contributing to your current bilateral knee and back condition. Simply state that. Then pile on the medical evidence, IMO's, and whatever else you think you might need to win your claim. Best regards.

[Tincan]

My knees are failing under me. I have flat feet (10%) and my L ankle (20%) and have claimed both knees as secondary conditions.

But. In denial (no pun here, I'm too desperate for levity at the moment ) VA reworded the order of my claim.

VA's denial- word for word-

Item 2, Service connection for bilateral knee condition.

In your current claim, you contend service connection for a bilateral knee condition. You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee. Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied.

I have inexpertly filed claims as records or evidence became available where appeal or NOD should have been. Oh well, part of the learning curve.

But in 3 claims, none have applied the order they cite.

The above statement "You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee." is grossly in error. Review of my claim dated 6-15-05 requests "service connected disability as secondary conditions for left knee, right knee and lower back due to the stress and strain placed on them in taking up the slack for the left ankle."

Not formal language I grant you, but I submit the meaning is clear. That being that my claim is for both left and right knees as secondary to my service connected left ankle. That's not "directly related to military service" for one thing. Neither is it for 'right knee condition secondary to the left knee' as stated by VA here.

Further, I have reviewed claims submitted 8-5-04 and 5-24-05 respectively, and there is no statement in either that claims one or both knees as 'directly relating to military service' or one to the other.

All my claim/appeals stress both (bilateral) knees as secondary conditions to my service connected left ankle and I submit further exacerbated by my service connected flat feet.

Additionally, my 11/16/06 dated NOD to a previous denial states "claimed: bilateral knee condition as secondary condition to service connected left ankle and flat feet."

In any case, the dienial above starts with the words, In your current claim, the others are thereby rendered irrelevent. Therefore, VA's denial of my claim on these conditions should be completely invalid.

So is this what is referred to as CUE? If so, what does that mean?

If it ain't 'CUE' what is it.?

What do I do?

This ain't right!

[carlie]

Jayg,

I posted some granted CUE's at this link: http://www.hadit.com/forums/index.php?showtopic=17170 .

Maybe they will help you understand more about CUE's

carlie